It's not our fault.
You've probably heard
that line a time or two, especially from an airline, hotel or cruise line. It's
the old "Act of God" excuse — or to put it in less theological terms,
an event "beyond our control."
Reasons matter. That's
because under the rules of most travel bookings, a company owes you nothing if
these events keep it from operating. Blame it on Mother Nature, and the company
can get away with almost anything. But there's a way to counter the oldest
excuse in travel.
"'Circumstances
beyond our control' are hard, even impossible, to define, "says Stan
Sandberg, co-founder of Travelinsurance.com.
Consider John Thompson's recent flight from
Las Vegas to Boston by way of Washington. The carrier blamed "weather or
air traffic" on a brief delay of his outbound flight — both events it
claims it has no control over.
But that's not how
Thompson remembers it. He says his flight from Las Vegas to Washington was also
held up because it was overbooked, something which the airline can control.
"The delay was
extended by another 20 minutes because no one was willing to take a $1,000
voucher to give up their seat for other passengers," recalls Thompson, a
project manager from Chelmsford, Mass.
In the end, he had to
spend the night in Washington, which cost him $125. The airline initially
refused to cover his extra costs, but after I contacted it, Thompson was
reimbursed for his hotel stay.
Turns out you can fight
back.
Nancy Barnby, a retired
high school teacher from Menlo Park, Calif., booked a room at a La Quinta hotel
in Oregon two years ago to see this summer's solar eclipse. Then the hotel was
sold.
"The new owners
decided not to keep any of the prior reservations," she remembers.
"But they also didn’t inform us."
By the time she discovered
the canceled reservation, hotel prices were astronomically high. The new owners
claimed the sale was an event beyond their control. I begged to differ. I
contacted the new hotel and it covered the cost of her new hotel reservation.
"When someone uses
the 'circumstances are beyond my control' excuse, they are utilizing a classic
negotiation technique: the abdication of authority and responsibility,"
says Kwame Christian, director of the American Negotiation Institute, a
consulting firm. The most important step you can take toward resolving your
dispute is to persuade the company to accept the responsibility, he adds.
Photos from free sources.
It's also helpful to
turn the tables when someone tries to feed you that line. What would happen if
you were the one with a circumstance beyond your control?
"What if you got
sick or injured just prior to your trip, preventing you from traveling?"
adds Sandberg. "It's pretty clear that an airline or hotel, while likely
sympathetic to their customer, would not have any financial obligation to
you."
In other words, more
often than not, it probably is their fault that they couldn't operate their
flight, offer you accommodations, or a car. The cop-out is a symptom of a much
bigger problem: an industry that's used to getting away with it.
How to fight the
'circumstances' excuse
• Get informed with accurate
and up-to-date information. I once pushed an airline to offer meal vouchers and
compensation after it claimed runway construction was an event beyond its
control. I gently pointed out that the construction, which had caused my flight
to be canceled, must have been announced a while back. Indeed, the event was
highlighted on the airport website.
• Go positive. Rather
than making demands, try telling the company how it can fix your problem. Ask
for the hotel to find a way of honoring your reservation when it closes for
renovations. Stay upbeat. "Tell them, 'I really appreciate you getting me
on this next flight. This is incredibly helpful,'" says Christian of the
American Negotiation Institute. In the end, what matters isn't their excuse,
but that you got around it.
• Buy travel insurance.
Most policies cover trip interruption and don't distinguish between weather or
a delay caused by an airline, rail operator or bus company. Delay coverage can
be considerably more generous than an airline, says Sandberg. "Travel
insurance can provide reimbursement for additional expenses, including meals,
accommodations, local transportation and phone calls," he notes.
Learn more about how
Christopher Elliott helps travelers at his consumer advocacy site.
Photos from free sources.